Revolutionary War Pension and Bounty Land Warrant Application File R. 3871, Daniel Gates, Conn.

SERVICE
NUMBER
born
Gates, Daniel
R. 3871
CONTENTS

State of New York: In the Jefferson County Com: Pleas
In the Matter of Daniel Gates application for pension
Declaration and Certificates &c &c
8692
J. H. Bronson of Watertown City for applicant

State of New York Jefferson County } In Jefferson Common Pleas of September Term 1832.
On this 11th day of September 1832 Personally appeared in open Court be- fore the Judges of the Court of Common Pleas of Jefferson County, aforesaid now sitting, Daniel Gates a resident of the Town of Adams in said County of Jefferson, aged 77 years, who being first duly sworn according to Law doth on his oath, make the following declaration, in order to obtain the ben- efit of the provision made by the act of Congress passed June 7th. 1832.
That he entered the service of his Country at the commencement of hostilities, in 1775 as a militia man volunteer or minute man, and as such volunteer, minute man &c ser- ved under the officers hereinafter named, and as hereinafter stated (to wit) That the said Daniel Gates was born in the year 1755 on the 28th. day of July in the Town of Preston, County of New London & State of Connecticut where I resided at the time I entered the service of my Country as aforesaid.
At the close of the war & during the war while not engaged in actual service I continued to reside at Pres- ton my native Town, till the year 1808 when I removed to the Town of Lisbon, County of New London & State

of Connecticut where I lived till the year 1824 (as near as I recollect 16 years) from Lisbon I removed to the Town of Rodman in the County of Jefferson and State of New York afore- said, where I lived four years, from Rodman I removed to Adams in said County where I have resided ever since.
On the commencement of hostilities in the year 1775 I entered the service of my Country in a regiment of Connecticut Militia commanded by Col. Isaac Crary — Daniel Crary Major — I was attached to the Company commanded by Capt. Ebenezer Winton, and I continued under these officers & acted as such Militia man, volunteer, or minute man, till into the year 1779 during which 4 years we (That is the Company to which I belonged myself) were frequently on duty — Always stood ready at a moments warning — How much time I was in actual service dur- ing those 4 years I am not now able to state, but I am sure that I was engaged in such service, as much or more than a year and a half, indeed it quite un- fitted me for business — I rented my farm and held myself, always, and at all times at the entire disposal of my Country — This could not be otherwise, as the Company to which I belonged was con- stantly on the alert —
In the Spring of the year 1779 I en- tered Fort Griswold as a volunteer Militia man for 9 months — at the time I enter- ed Fort Griswold that Fort was command- ed by Col. William Ledyard, who was after- wards killed there — Capt. William Latham

Commanded the Company to which I was attached, while at The Fort - at the expiration of the 9 months, The Term of enlistment I was regularly discharged - but I did not receive a written discharge.
I received my discharge from Fort Griswold in The Winter of 1779-80 - from This Period to the close of the war I acted as a volunteer or minute man in a Company commanded by Capt. Robert Swan - The Regiment to which our Company belonged was Commanded by Col. Latham Hull - Capt. Swan Commanded the Company to which I was attached about a year, when one Capt. Isaac Wheeler took The Command of said Company and continued The Command during The remainder of The war - from The time I left Fort Griswold to the close of The war, I was, as before mentioning said Fort, frequently engaged in actual service - And not less during That Period than one year.
The Rev. Joshua Freeman, Elijah Harris and Major Isaac Baker all of Adams aforesaid know me & can testify to my character for truth and veracity and their belief of my services as a soldier of The Revolution.
I have no discharge or other documentary evidence & that I know of no person whose testimony I can procure to testify to my services as a Revolutionary Soldier.
And I the said Daniel Gates do hereby relinquish every claim whatever to a pension or annuity.

cept the present, and declare that my name is not on the pension Roll of the Agency of any state
Sworn to and subscribed The day and year aforesaid J. P. Brachard Clerk
His Daniel X Gates mark
We Joshua Freeman a clergyman residing in the town of Adams in Jefferson County and residing in the same town do hereby certify that we are well acquainted with Daniel Gates who has subscribed and sworn to the above Declaration. That we believe him to be 77 years of age: that he is reputed and believed in the neighborhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion.
We David Spear a clergyman residing in the town of Rodman in the County of Jefferson and about three miles distant from the above named Daniel Gates and Timothy Hunt residing in the town of Adams in said County do hereby certify that we are well acquainted with Daniel Gates who has subscribed & sworn to the above Declaration - that we believe him to be of age of 77 years - that he is reputed and believed in the neighborhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion, - and that we believe him to be a man of truth & veracity
Sworn and subscribed this 14 th Day of Septm. 1832 in open Court before me
David Spear Timothy Hunt
J. Brachard Clerk

And the said Court do hereby declare their opinion that after investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant Daniel Gates was a Revolutionary Soldier and served as he states: and the Court further certifies that it appears to them that David Spear who has signed the preceding certificate is a clergyman residing in the town of Rodman aforesaid as he states — and that the said Timothy Hunt who has also signed the same is a Resident of the town of Adams aforesaid and is a credible person, and that their statement, is entitled to credit. —
I Peleg Burchard Clerk of the Court of Common Pleas of Jefferson County aforesaid do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Daniel Gates for a pension
In testimony whereof I have hereunto set my hand & Seal of Office this 14th Day of September in the year 1832. —
P. Burchard Clerk

5692 David Galy
Rejected
5:17.2.5
detail required
18 Sep 1882
27 Do
J. H. Bronson
Watertown
N.Y.
P. 101.

BRIEF in the case of  Daniel Gates  of Adams in the State of  (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? Open court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? Seventy seven years.
4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     minuteman In 1775 ————— the duration of service to 1779 he is now all the while but is since he was engaged as much as a year at a time, As a capt, Gen. Col. Isaac Avery, D. Avery (may) Capt. E. B. Winter.   1779 Spring then ————— 9 Capt. Wm Ledyard, Capt. Wm Latham Capt. R. Sloan, Col. Hull. Capt. Wheeler.  
5. In what battles was he engaged? none stated
6. Where did he reside when he entered the service? Preston, Conn
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? of Clayman & Timothy Hunt, certify to traditionary evidence.
8. Are the papers defective as to form or authentication? and if so, in what respect?
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
S. Root Examining Clerk.

December 15, 1932
XXXXXXXXXXXX
BA-J/AWT AWT Daniel Gates R. 3871
Mr. A. Emerson Babcock Brighton Station Rochester, New York
Dear Sir:
Reference is made to your letter in which you request the Revolutionary War record of Daniel Gates of Connecticut.
You are furnished herewith the record of the only soldier named Daniel Gates that is found on file in the Revolutionary War records of this office.
The data which follow were obtained from the papers on file in pension claim, R. 3871, based upon the Revolutionary War service of Daniel Gates.
He was born July 28, 1755 in Preston, New London County, Connecticut; the names of his parents are not given. He lived there until in 1808 when he moved to Lisbon, Connecticut, in 1824 moved to Rodman, Jefferson County, New York, and about 1828 moved to Adams, Jefferson County, New York.
He applied for pension, September 11, 1832, then a resident of Adams, New York and alleged that he enlisted in 1775 and was a minute man in Captain Ebenezer White's company, Colonel Isaac Avery's Connecticut regiment, in the spring of 1779 entered Fort Griswold and remained there nine months under Captain William Latham and Colonel William Ledyard, after which he served as minute man until the close of the war under Captains Robert Swan, and Isaac Wheeler and Colonel

Latham Hull.
The claim was not allowed as he furnished no proof of service.
It also appears in the claim that Daniel Gates died March 3 or 5, 1833, leaving no widow, but children survived him, their names not given.
There are no further data as to family.
Very truly yours
A. D. HILLER Assistant to Administrator

Rev. and 1812 Wars Section.
Ans
July 3, 1922
Caroline H. Sanders 607 Palisades Ave Santa Monica, Calif.
Madam:
I advise you from the papers in the Revolutionary War pension claim R. 3871, it appears that Daniel Gates applied for pension September 11, 1832, while a resident of Adams, Jefferson County, New York, and alleged that while residing in Preston, New London County, Connecticut, he enlisted in 1775 and was a minute man in Captain Ebenezer Winter's Company, Colonel Isaac Avery's Connecticut Regiment, in the spring of 1779 he entered Fort Griswold Fort Griswold and remained there nine months under Captain William Latham and Colonel William Ledyard, after which he served as a minute man until the close of war under Captains Robert Swan and Isaac Wheeler and Colonel Latham Hull.
The claim was not allowed as there was no proof of service. he gave no proof of service
It also appears in said claim that the soldier was born July 28, 1755 in Preston, Connecticut, and that he

died March 3 or 5, 1833, leaving no widow, but children survived him, no names are given.
Respectfully,
E. W. MORGAN Acting Commissioner.

Brighton Station, Rochester, N. Y. December 2nd, 1932.
Director of Pensions, Washington, D. C.
Dear Sir:
only one Have you anything of record of Daniel Gates of Connecticut, War of the Revolution? Any information you can give will be very much appreciated. Daniel Gates is not of record at the War Department. Thanking you in advance.
I remain,
Cordially yours,
A. Emerson Babcock
A. Emerson Babcock.

16 Sep 1927
Bureau Pensions, Washington, D C.
Will you please send me copy of application for pension to Daniel Gates of Connecticut. Revolutionary soldier. I have the following reference-
Daniel Gates, Conn. R 3871. page 193 appendix.. 66th Congress First Session, 1919, Senate Doc vol 6, D A R 21 Report, from March 1917 to March 1918.
Caroline H Sanders
Caroline H Sanders, 607 Palisades Ave Santa Monica, California.

Acts of July 14, 1862, and March 3, 1873.
REJECTED
3871
1928 July 13 - birth to 1932 Dec 15 - C. E. moran B. F. Smith's P. O. Service Enlisted 18 Discharged 18 Application filed 18 Alleges: "no proof of service" Re-enlisted: Attorney: P. O. Recognized. Contract. Cert. of Dis. Searched for 18
P. O. Daniel Gutes Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ The printed list of 1852, shows reasons of rejection
"no proof of service"
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

New York
Revs:
Daniel Gales
Suspended
Rejected
lets to Mr Bronson
26 April 1833
Suspended
Suspended
rejected
Act 7 June 1832
3871

J. H. Brown
26 April 1833
Q. C.
Re-vol 9
Pa 361.

Dear Departed
Pension off
apl 20 1833
Sir
The claim of Daniel Gales dec d has been again examined policy allowed. The claim is founded on service more or less for each year from '75 to the close of the war - It can not be admitted that such an amount of service could have been rendered without there being some evidence of it - & all claimants are required to furnish the best evidence in their power - No allowance could be made to the Reserves of the dec d applicant for any service which is not satisfactorily proved - If the children of the decedent should procure testimony of his service it should be accompanied with a certificate of the court designating the date of his death & the names of his children heirs - The papers are placed on our files
J. H. Bronson esq Watertown NY
ack't P. June

Jas L Edwards Esq Washington City

Watertown March 27. 1833.
James L. Edwards Esq
Sir — Enclosed is the Declaration of Daniel Gates — which was returned with objections as you will see by the enclosed the Brief — The papers are now duly authenticated — but the other objection (No 5) is not obviated — for the reason that before it could be done Mr Gates died — From his Statements as made to my Clerk who went to see him I had prepared an affidavit, which would have been abundantly sufficient, but as he was that been for some time confined to his house, we could not succeed in getting a magistrate in time to have it taken — He died some of the first days of this month — I think the 3 rd or 5 th — His children however, think that they are at all events entitled to draw the pension for the 9 months service which is particularly & positively sworn to in the Declaration — and in this it seems to me they are correct — I think upon a reexamination you

will be of the opinion that the first term of service mentioned in the Declaration is sufficiently stated, and that her pension her a pension may properly be granted for that also . I beg that you will reconsider this application and I trust that you will come to the conclusion, above stated, or at all events that the Children are entitled to pay for the nine months services — Gates has no mfr living —
Very Respectfully Your obed Servt
J. H. Monson
To

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Daniel Gates which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes
II. Did the declarant make the declaration in the county where he resides? yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? _____
IV. Has the declarant mentioned the period or periods of the war when he served? yes
V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? not distinctly nor clearly
Each tour should be distinctly recited - the allegation of an aggregate service composed of several tours without specifying the period of each is in admissible
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes
VIII. Has the Court given their opinion? yes
IX. Has the Clerk given his certificate? yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yy
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yy
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? _____
And is the official character and signature of the magistrate certified by the proper officer under his seal of office? _____
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? _____
XVI. ‡ Are the papers authenticated as the regulations direct? no no
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 2 5 2
EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____: and for such service I claim a pension.”

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
† QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡ QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.